The Virginia Eminent Domain Group at Blankingship & Keith

Welcome to the Virginia Eminent Domain Group at Blankingship & Keith, P.C. We are among the most experienced eminent domain lawyers in Virginia, having handled many hundreds of cases over the last three decades. Best Lawyers in America ranked Blankingship & Keith, P.C. as #1 in Virginia for many years, with the firm recently receiving a Tier 1 Ranking from Best Lawyers in Metropolitan Washington D.C. For the third time Paul Terpak was named Best Lawyers' 2018 Washington D.C. Eminent Domain and Condemnation Law Lawyer of the Year (he previously received this designation in 2012 and 2016), and Paul has been listed in Virginia Super Lawyers in the area of Eminent Domain for many years. Paul is the Editor of the standard handbook on Virginia law, "Eminent Domain Law in Virginia" (with a new edition published this year). In 2002 Paul was selected by the Virginia Code Commission to serve on the advisory committee which produced a complete recodification of all Virginia statutes on eminent domain.

The Eminent Domain Group has long and extensive experience in the trial of eminent domain cases and always seeks to maximize the just compensation due under the Constitution when the government takes property. The firm has won many of the highest condemnation awards in Virginia, but trial is not always the best solution and the group is always willing to consider a fair settlement or an "out of the box" solution to achieve the client's goals. Recent settlements include the unprecedented $84 million purchase by VDOT of the Hunting Towers apartment complex near the Woodrow Wilson Bridge in Alexandria. In an imaginative solution, Paul convinced Virginia Power to redesign a gas pipeline in a manner originally thought impossible to preserve development access to over 1000 acres on the Potomac River in Prince William County. Condemnors recognize the firm's expertise, and Gifford Hampshire and Paul Terpak were recently hired by Stafford County to represent it in the 3000 acre Crows Nest condemnation case, the largest sized condemnation in Virginia in over a decade.

Besides handling the largest and most complex cases in Virginia, the group has handled all types and sizes of takings from homes, businesses and farms. Our team includes Kevin DeTurris, who has been named by Super Lawyers® as a rising star for 2013 and 2014. Kevin has litigated hundreds of eminent domain cases, primarily on behalf of condemning authorities. He brings a wealth of experience and the insight of how these matters are viewed from the other side. Gifford Hampshire, formerly of the Prince William County Attorneys Office, won a landmark case for compensation to the County from the federal government arising from the expansion of Manassas Battlefield Park. Giff is the author of the chapter on Regulatory Takings in "Eminent Domain Law in Virginia." Other associates add the horsepower to handle any size case. Finally, Hugo Blankingship, rightly called the Dean of Virginia eminent domain attorneys, remains available to add his wise counsel. We hope we can be of help to you.

Precondemnation Planning

If you know a condemnation may be coming, there are a number of things you can do to protect yourself:

Maintain the property in good condition as if you were preparing to sell it. The valuation process in a condemnation is designed to simulate a fair market sale. Anything which increases or reduces value may become evidence in the case.

Save all documents regarding the condemnation, including public notices, letters, e-mails, and other communications.

Take pictures of the property before the condemnation. Pictures and videos may become very important evidence about the value of your property at trial. Condemnation juries travel to your property and view the property taken during the trial, but the project may have already been built and your home or business destroyed prior to trial.

Timber Value: If you have timber that will be destroyed, have it valued before that occurs.

Do not file any real estate tax appeals. Any low value you put on the property, including in a real estate tax appeal, may be used against you at trial. Also, be careful if you place a value on the property in any other document like a financial statement.

Maintain all government approvals regarding the use of your property. Even if you know property is heading toward condemnation, do not let any legal nonconforming uses lapse. If you were otherwise intending to pursue government approvals to enhance the use of your property, continue to do so in the normal course in consultation with your condemnation team.

Don't sign anything presented by a condemnor, especially a right of early entry or an option agreement. These documents may give the government the right to enter onto your property without immediately paying just compensation as required by law.

Do consult an experienced eminent domain attorney. Condemnation law is complex. There are many pitfalls for the unwary landowner or lawyer.

Important: Lawyer case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case undertaken by the lawyer.

More about this Area

Answer: “Eminent Domain” or “Condemnation” is the power of government or its designees to take private property for public use. Both the United States Constitution and the Virginia Constitution grant the government this power, but also restrict its use. The main restrictions are that no person shall be deprived of property except for public use, and that just compensation must be paid.

Does the Government or public utility have the right to take my property?

"You and Kevin are the greatest people and lawyers we have had the pleasure to do business with. We are still wondering how you did the great job for us."

Russ and Heidi Calloway, Mountain Valley Pipeline Landowners

“Thank you again for all of your assistance and guidance regarding the eminent domain issues in our case. I know you’re the best at this on the legal side but I think we found the practical business advice just as valuable.”

Noah Mehrkam, Arcland Property Company

"Brenda and I would like to take this opportunity to express our appreciation for the outstanding job you and Kevin did in handling our eminent domain case regarding our service station on Rt. 1 in Ft. Belvoir. Not only was your entire team professional and enthusiastic, you guided us thru a complex situation.

This case was extremely important to us and we could not have been more pleased with the results. We would highly recommend you and your firm to anyone involved with an eminent domain situation."

Terry and Brenda Shreve, Shreve Oil Company

My legal matter involved the taking of a property worth more than $10 million by a well-financed and powerful government entity. I knew that I had to hire a law firm that was not afraid to go toe to toe with the government entity and fight for my rights. Not only did Paul Terpak successfully handle my case, he showed passion in defending my rights. I wholeheartedly recommend Paul Terpak to anyone dealing with eminent domain issues. You can't find a better attorney than Paul Terpak for eminent domain cases .

Ram Guru

Milestone Metals

"Paul was recommended to me as the recognized condemnation expert in the area. As our advocate, he efficiently managed our defense and maximized our compensation. Through the process, it became obvious to me that Paul’s skill and reputation was the key factor to the timely and cost-effective resolution of the matter."

Mike Gill
Akridge
Development Manager

"It is with great satisfaction that I write to you upon the successful culmination of a seven year legal battle between Northern Virginia Regional Park Authority and a gigantic, multi-billion dollar corporation. There is absolutely no doubt that our success was a direct result of having the benefit of the best law firm and, more importantly the best lawyer, leading the charge. Paul Terpak's performance was nothing short of brilliant... The other side was represented in the courtroom by more than a dozen attorneys and aides from a major law firm--we had two... By the end of the day, I was absolutely certain we had made the right decision in proceeding with the case and hiring Blankingship & Keith to carry our sword. Paul's performance in the courtroom was astonishing. He was genuine, articulate, intelligent, controlled and forceful when needed, and he overwhelmed the courtroom."

Paul, "it was quite a wild and unusual ride watching the VDOT/BF Saul case unfold, but I wouldn't have missed it for the world. You and Hugo did a great job, and we want to thank you once again for your wonderful work. You are certainly a gifted litigator, and we would not hesitate to call upon you again in the future."

"Now that the case has concluded I wanted to write you and tell you how impressed I was with your handling of our case. You brought in the best-of-the-best as far as experts are concerned and you did a magnificent job of organizing and directing their activities. I have no doubt that the end result, which was quite favorable, was a result of your hard work and focus. It was a real pleasure having the chance to work with you on this case and I could not be happier with the representation you provided."

Richard R. Saunders, Jr.
Sevila, Saunders, Huddleston & White

"We are all delighted with the outcome. As the one sitting in the courtroom, I was impressed throughout the trial by your skilled handling of the issues, and your ability to connect with the jury on those issues. This was certainly not an "open and shut" case, and I believe that all of your and Laurie Kirkland's hard work really won the day for us. Many thanks!"

Blankingship & Keith has handled hundreds of condemnation cases for decades. Mr. Blankingship has over 50 years experience; Paul Terpak almost 30 years; Giff Hampshire has handled eminent domain cases for 19 years both for Prince William County and for private landowners. The following cases illustrate some of the trials handled by the firm. Note that all jury verdicts also receive statutory interest which increases the amount paid.

VDOT v. Shadyac
Original Offer: $449,000
Jury Verdict: $1,011,622
This case involved the total taking of a little over an acre in Gainesville. The key ruling was the exclusion of the owners low purchase price of $250,000 as negatively influenced by the project.